SMT. RADHA DEVI Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This appeal has been filed against the impugned judgment and order dated 16.8.2004 passed by the Motor Accident Claim Tribunal/Additional District Judge, Court No. 5, Agra (hereinafter referred to as 'Tribunal') in Motor Accident Claim Petition No. 843 of 2003 (Smt. Radha Devi and others Vs. The Oriental Insurance Company Ltd.). By means of the impugned judgment and order the Tribunal has proceeded to dismiss the aforesaid petition on following grounds;

(2.) We have heard learned counsel for the parties and perused the record.

(3.) Brief facts giving rise to the instant appeal are that on 24.6.1999 the deceased Kundan Singh was travelling in Tanker No. U.P. 85 9307 being the owner of the aforesaid tanker and supplier of Koltar and he was going to Bah to supply the Koltar in Public Works Department. On returning from Bah, the deceased was sitting on the tool box of the tanker and at that time the tanker was being driven rashly and negligently by the driver as a result of which the deceased fell down on the road from the tanker and died due to injuries sustained. The said accident had occurred due to rash and negligent driving of the driver of the tanker.